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19 October 2013

More than 10,000 taxi drivers plying their trade in Accra have filed a
writ at the High Court for a perpetual injunction to restrain Mr Alfred
Oko Vanderpuye,

the Accra Metropolitan Chief Executive, and the Accra
Metropolitan Assembly (AMA) from enforcing bye-laws on commercial
transport operations.
The drivers, who are taking the action under the umbrella of the
Committed Floating Taxi Drivers Association, are also praying for a
prohibitory injunction against the conduct of the Ghana Police Service
on the grounds of illegality.

The plaintiffs are further praying for a declaration that upon a true
and proper interpretation of Article 1 (2), 21 (1) (d), (e) (g) and 21
(2) of the 1992 Constitution, the enforcement of the said Legislative
Instrument (LI) 2180 (2012), Regulation 121 subsections (1) and (2) of
LI 2180 (2012) is inconsistent with, or in contravention of the said
provisions of the constitution and is, therefore, unconstitutional, void
and of no legal effect.

Joined to the writ are the Attorney-General, the Ministry of
Transport, the Minister of Transport, Madam Dzifa Aku Ativor, and the
Inspector-General of Police.

Statement of claim

In a statement of claim filed by Ms Mary Ohenewaa Afful, an Accra
legal practitioner, the plaintiffs said on or about October 8, 2013, the
AMA, in conjunction with the Ghana Police Service, arrested and
molested them for not complying with directives and bye-laws being
formulated by some metropolitan, municipal and district assemblies.

It said the said Legislative Instrument (LI) 2180 (2012), Regulation
121 subsections (1) and (2) of LI 2180 (2012) provides that: “A person
shall not operate a commercial vehicle unless that person holds a road
transport operator’s licence”, and “A person shall not operate as a
commercial vehicle driver unless that person is employed by or belongs
to a recognised commercial road transport organisation.”

It said the bye-law, according to Mr Vanderpuye, entitled the
plaintiffs to join unions and pay exorbitant fees, go through another
vehicle registration amidst the payment of dues and be limited in
operation to the particular assembly that they register with.

According to the statement, apart from acquiring a driver's licence,
taxi operators in the various metropolises had to possess a metropolitan
assembly's commercial licence, sticker, embossment, income tax,
insurance, road-worthiness certificate and operational ticket.

Major concern

It said the major concern of the plaintiffs had to do with the fact
that the commercial licence which used to be between five and seven
Ghana cedis had now been increased to GH¢10.10 without any explanation.

It further stated that there had also been a 100 per cent increment
from six Ghana cedis to GH¢12 during the second quarter of this year,
adding that the directives from some MMDAs to plaintiffs to annually
renew their number embossment and the directive to ban taxi drivers from
picking passengers beyond their jurisdictions were not practicable.

The statement said there was already pressure on the plaintiffs due
to the frequent increment in petroleum products and other vehicle spare
parts, coupled with poor road networks.

It also said the money already being ‘extorted’ from the vulnerable,
helpless plaintiffs on the instructions of Mr Vanderpuye had not even
been used to provide at least a place of convenience, let alone proper
taxi stations for the unions or properly educate them on every directive
they formulated to avoid any misunderstanding.

Other concerns

According to the statement, another concern of the plaintiffs was the
fact that there were no spaces at the already limited terminals in the
capital.

It further stated that the Ghana Police Service and Mr Vanderpuye had
engaged in acts of illegality by imposing an unenforceable law on them.

It added that with regard to the conduct of the Ghana Police Service
and Mr Vanderpuye, the proposed directive and bye-laws were
unconscionable and barbaric.

The statement accused the Ghana Police Service and Mr Vanderpuye of
not acting in a professional manner and in conformity with the supreme
law of Ghana. It said the conduct of the Ghana Police Service and Mr
Vanderpuye was illegal, unlawful, unconstitutional, was null and void
and of no legal effect.

It also said for the purposes of showing that the acts of the Ghana
Police Service and Mr Vanderpuye were illegal and unconstitutional, the
plaintiffs would lead evidence to show that in spite of their claim,
nobody could be forced to join a union because freedom of association
was enshrined in the 1992 Constitution.

Gross violation of Constitution

The statement said AMA's enforcement of the said directive and
bye-law was a gross violation of the fundamental human rights of the
plaintiffs enshrined in the 1992 Constitution of the Republic of Ghana.

It added that requesting the plaintiffs to regularise their
operations by joining unions or associations for AMA’s effective
regulation of their activities, amidst the extortion of huge monies,
intimidation, unlawful and unjust arrests, brutalities, etc., contrary
to articles 1, 15, and 21 of the 1992 Constitution of Ghana, infringed
on their legal, constitutional and human rights.

It said consequently, the Ghana Police Service and Mr Vanderpuye had no legal authority or capacity to do what had been done.

“The practical legal implication of this is that the existing
Legislative Instrument (LI) 2180 (2012), Regulation 121 subsections (1)
and (2) of LI 2180 (2012) is not only unenforceable but inconsistent
with or in contravention of the provisions contained in the 1992
Constitution of the Republic of Ghana,” it added.